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<DIV><FONT face=Arial size=2>Wayne and Gary, Call him and the killing
whatever you like/want, BUT: Idaho law defines voluntary manslaughter as:
"the unlawful killing of a human being, . . . without malice. It is of
three kinds:</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2> 1. Voluntary - <STRONG>UPON A
SUDDEN QUARREL OR HEAT OF PASSION. </STRONG></FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>This distinction is several centuries old.
The penalty is a maximum of 15 years in prison. My understanding is that
is what Mr. Leonard received from Judge Brudie - 15 years in prison. I
know of no judge in Idaho that will sentence a defendant, retain jurisdiction
and send that person to Cottonwood or a work camp, get a recommendation from
those facilities for probation and then drop jurisdiction and make them serve
the original sentence. That would be an abuse of discretion and be quickly
overturned by either the Supreme Ct. or the Ct. of Appeals. </FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>The attorneys for the parties reached
a mutually agreeable outcome and the Judge accepted
that. Again, he gave Mr. Leonard the maximum sentence under the law.
Mr. Thompson, Mr. Ramalingam and Judge Brudie shouldn't be castigated because
you thought the original sentence would be served. That's not what the
agreement contemplated; that's not what happened. If Mr. Leonard violates
his probation, and he is on probation for 15 years, he could conceivably end up
in prison for 15 years, 14 years and 364 days from now.</FONT></DIV>
<DIV><FONT face=Arial size=2></FONT> </DIV>
<DIV><FONT face=Arial size=2>As far as Ms. Eckman is concerned, I note that the
Meister case she tried has come back from the Supreme Court and it will be
tried again. That will cost the county plenty. Sometimes balls to
the wall isn't the way to go. </FONT></DIV>
<DIV><STRONG><FONT face=Arial size=2></FONT></STRONG> </DIV>
<DIV><FONT face=Arial size=2>I've said enough about this case. I'm
done. Give me a call - I'm like Joe - I'll take you to lunch. Chuck
Kovis</FONT></DIV>
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